senate Bill S6361

2011-2012 Legislative Session

Requires the court to retain one or both alternate jurors until the final verdict is delivered

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to judiciary
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.785
Feb 01, 2012 referred to judiciary

Votes

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S6361 - Bill Details

See Assembly Version of this Bill:
A8972
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4106, CPLR

S6361 - Bill Texts

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Requires the court to retain one or both alternate jurors until the final verdict is delivered.

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BILL NUMBER:S6361

TITLE OF BILL:
An act
to amend
the civil practice law and rules, in relation to retaining alternate
jurors until verdicts are returned

PURPOSE:
This bill will require the court to retain
one or both
alternate jurors until the final verdict is delivered.

SUMMARY OF PROVISIONS:
Amends § 4106 of the civil practice law and
rules by requiring the court to retain one or both of the alternate
jurors until the final verdict of the case is delivered. In the event
that a regular juror becomes unable to perform his or her duty in the
process of deliberation, the court will then appoint one of the
alternate jurors. The deliberation will recommence as if no
deliberation had occurred.

JUSTIFICATION:
This bill requires the court to retain alternate jurors
for the entire length of trial, as opposed to the current law which
allows the court to dismiss the alternate jurors before deliberation.
This corrects an oversight that has lead to many unnecessary
mistrials and countless dollars wasted on retrials. The bill attempts
to reduce costs of trial by preventing mistrials and enhancing
judicial economy.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6361

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to retain-
  ing alternate jurors until verdicts are returned

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  4106  of  the civil practice law and rules, as
amended by chapter 336 of the laws  of  1972,  is  amended  to  read  as
follows:
  S  4106. Alternate jurors. Unless the court, in its discretion, orders
otherwise, one or two additional  jurors,  to  be  known  as  "alternate
jurors",  may be drawn upon the request of a party. Such jurors shall be
drawn at the same time, from the same source, in the  same  manner,  and
have  the  same  qualifications as the regular jurors, and be subject to
the same examinations and challenges. They shall be  seated  with,  take
the oath with, and be treated in the same manner as the regular jurors[,
except  that after]. AFTER final submission of the case, the court shall
[discharge] SEPARATE the alternate jurors FROM THE  REGULAR  JURORS  FOR
DELIBERATIONS,  BUT  SHALL NOT DISCHARGE EITHER OR BOTH ALTERNATE JURORS
UNTIL THE FINAL VERDICT IS DELIVERED.  If[, before the final  submission
of  the  case,]  a  regular juror dies, or becomes ill, or for any other
reason is unable to perform his OR HER duty[, the court may order him to
be discharged and draw the name of an alternate, who shall  replace  the
discharged  juror  in  the  jury  box,  and be treated as if he had been
selected as one of the regular jurors] AS A REGULAR JUROR  AND  IF  SUCH
INABILITY OCCURS AFTER THE FINAL SUBMISSION OF THE CASE AND PRIOR TO THE
DELIVERY  OF  THE VERDICT, THE COURT SHALL DRAW THE NAME OF AN ALTERNATE
WHO SHALL REPLACE SAID REGULAR JUROR. IN THE  EVENT  THAT  AN  ALTERNATE
JUROR  REPLACES  A  REGULAR  JUROR, THE COURT SHALL DIRECT THAT THE JURY
COMMENCE DELIBERATIONS ANEW AS IF NO PRIOR DELIBERATIONS OCCURRED.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13899-03-2

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